Page:United States Statutes at Large Volume 92 Part 3.djvu/507

 PUBLIC LAW 95-617—NOV. 9, 1978

92 STAT. 3139

"(2) will not place an undue burden on an electric utility, qualifying cogenerator, or qualifying small power producer, as the case may be, affected by the order; "(3) will not unreasonably impair the reliability of any electric utility affected by the order; and "(4) will not impair the ability of any electric utility affected by the order to, render adequate service to its customers. The determination under paragraph (1) shall be based upon a showing of the parties. The Commission shall have no authority under section 210 or 211 to compel the enlargement of generating facilities. Ante, pp. 3135, " (b) No order may be issued under section 210 or subsection (a) or 3137. (b) of section 211 unless the applicant for such order demonstrates that he is ready, willing, and able to reimburse the party subject to such order for— "(1) in the case of an order under section 210, such party's share of the reasonably anticipated costs incurred under such order, and " (2) in the case of an order under subsection (a) or (b) of section 211— "(A) the reasonaj^le costs of transmission services, including the costs of any enlargement of transmission facilities, and "(B) a reasonable rate of return on such costs, as appropriate, as determined by the Commission. "(c)(1) Before issuing an order under section 210 or subsection (a) or (b) of section 211, the Commission shall issue a proposed order and set a reasonable time for parties to the proposed interconnection or transmission order to agree to terms and conditions under which such order is to be carried out, including the apportionment of costs between them and the compensation or reimbursement reasonably due to any of them. Such proposed order shall not be reviewable or enforceable in any court. The time set for such parties to agree to such terms and conditions may be shortened if the Commission determines that delay would jeopardize the attainment of the purposes of any proposed order. Any terms and conditions agreed to by the parties shall be subject to the approval of the Commission. "(2)(A) If the parties agree as provided in paragraph (1) within the time set by the Commission and the Commission approves such agreement, the terms and conditions shall be included in the final order. In the case of an order under section 210, if the parties fail to agree within the time set by the Commission or if the Commission does not approve any such agreement, the Commission shall prescribe such terms and conditions and include such terms and conditions in the final order. "(B) In the case of any order applied for under section 211, if the parties fail to agree within the time set by the Commission, the Commission shall prescribe such terms and conditions in the final order. "(d) If the Commission does not issue any order applied for under section 210 or 211, the Commission shall, by order, deny such application and state the reasons for such denial. "(e) No provision of section 210 or 211 shall be treated— "(1) as requiring any person to utilize the authority of such section 210 or 211 in lieu of any other authority of law, or "(2) as limiting, impairing, or otherwise affecting any authority of the Commission under any other provision of law. "(f)(1) No order under section 210 or 211 requiring the Tennessee Valley Authority (hereinafter in this subsection referred to as the

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